- (1.) The instant writ petition has been preferred by the petitioners under Article 226 of the Constitution of India against the advertisement of respondents U.P. Avas Evam Vikas Parishad ( in short Parishad) for allotment of plots for the commercial use group housing for builders, nursing home etc. and to provide 25% of total acquired land to the cooperative housing societies on preferential basis in accordance to regulation without following the process of public auction.
(2.) Petitioner Unique Sahkari Avas Samit Ltd. is a registered society under the U.P. Cooperative Societies Act, 1965 and rules framed thereunder. Petitioner no. 2 is the President and petitioner no. 3 is its Vice President. The U.P. Avas Evam Vikas Parishad had launched a scheme known as Vasundhara Yojna for effective implementation of the housing scheme. The Housing Board in pursuance to the power conferred by Section 95 of the Adhinium had framed regulations, namely, Avasiya Bhukhando Evam Bhavano Ke Panjikaran Evam Pradeshan Sambandhi Viniyam, 1979 (in short 1979 Regulation). One other regulation has been framed, namely, U.P. Avas Evam Vikas Parishad ki Sampatti Ke Nistaran Sambandhi Viniyam, 1980 (in short 1980 regulation).
(3.) The opposite parties have launched said scheme in District Ghaziabad and acquired land for the purpose of the scheme. Land measuring 1159.404 acre was acquired. Out of the land acquired, 205.934 acres of land was allotted to the Cooperative Housing Societies leaving 83.931 acres land unutilized, which according to the learned counsel for the petitioners falls within the quota of 25% reserved for Cooperative Housing Societies. To avail the alleged reservation, the petitioners moved an application on 18.5.2006 to the opposite party no. 3 to allot land within the reserved quota of 25% meant for cooperative housing societies alongwith Bank Draft of Rs. 50,000/-. It shall be relevant to take note of the fact that the petitioners had moved an application on their own and not in pursuance to the advertisement published by the respondents.;